Income Tax Officer, Srinagar V. M/s S.L. Road Constructions, Kashmir

ITA 181/ASR/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9552 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-10-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 08-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RHUL DHWAN
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH; AMRITSAR BEFORE SH. T.S. KAPOOR, ACCOUNTANT MEMBER AND SH. N.K. CHOUDHRY JUDICIAL MEMBER ITA NO.181(ASR)/2015 ASSESSMENT YEAR:2010-11 PAN: ABPFS4352G INCOME TAX OFFICER VS. M/S. S.L. ROAD CONSTRUCTION S, WARD 3(3), SRINAGAR. BUDGRAM, (KASHMIR) (APPELLANT) (RESPONDENT) APPELLANT BY:SH.RHUL DHWAN, DR RESPONDENT BY: NONE DATE OF HEARING: 18/10/2016 DATE OF PRONOUNCEMENT: 18/10/2016 ORDER PER T.S. KAPOOR, AM: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A), JAMMU, DATED 29.01.2015 FOR THE ASSESSMENT YEAR 2010-11. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE, BUT THE LD. COUNSEL FOR THE ASSESSEE HAD FILED ADJOURNMENT APPLICATION. HOW EVER, IT WAS SEEN THAT THE TAX EFFECT INVOLVED IN PRESENT APPEAL OF THE REVENUE WAS LESS THAN RS.10 LACS. THEREFORE, THE APPEAL CAN BE DISP OSED OFF IN THE ABSENCE OF ASSESSEE, AS THE SAME IS NOT MAINTAINABL E, IN VIEW OF CBDT INSTRUCTION NO.21 OF 2015, DATED 10.12.2015 AND THE REFORE, THE ADJOURNMENT APPLICATION WAS REJECTED AND LD. DR WAS HEARD. 3. THE LD. DR RELIED UPON THE ORDER OF THE ASSESSIN G OFFICER. 2 4. HAVING HEARD THE LD. DR AND HAVING PERUSED THE M ATERIAL ON RECORD, IT IS SEEN THAT THE TAX EFFECT INVOLVED IN THIS APPEAL IS LESS THAN RS.10,00,000/-. HENCE, AS PER CBDT INSTRUCTION NO. 21 OF 2015, DATED 10 TH DEC., 2015, WHICH IS BINDING ON THE DEPARTMENT, TH E DEPARTMENT IS PRECLUDED FROM FILING THE PRESENT APPEAL, AS THIS I NSTRUCTION IS APPLICABLE RETROSPECTIVELY. THEREFORE, IN OUR CONSIDERED OPINI ON, THE SAID INSTRUCTION OF CBDT IS BINDING UPON THE DEPARTMENT AND THE PRES ENT APPEAL HAS BEEN FILED CONTRARY TO THE SAID INSTRUCTION ISSUED BY THE CBDT. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS DI SMISSED, AS NOT MAINTAINABLE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/10 /2016. SD/- SD/- (N.K. CHOUDHRY) (T.S.KAPOOR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 19/10/2016 /SKR/ COPY OF ORDER FORWARDED TO: 1. THE ASSESSEE: M/S. S.L. ROAD CONSTRUCTIONS, SHAL INA, BUDSGAM (KASHMIR) 2. THE ITO WARD 3(3), SGR. 3. THE CIT(A), JMMU 4. THE CIT, JAMMU. 5. THE SR. DR, ITAT, ASR. TRUE COPY BY ORDER INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: AMRITSAR.